BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY
STATE OF OREGON
IN THE MATTER OF REFUNDING
TAXES PAID ON REAL PROPERTY
ORDER NO: 2012- 006
OVER THE AMOUNT OF $ 10, 000; -
SISKIYOU DESIGN, INC..
WHEREAS, the Oregon Tax Court Magistrate Division entered Judgments of Stipulation,
dated October 27, 2011, in case numbers 110014C and 110395C;
WHEREAS, pursuant to the Judgments of Stipulation, the following Property Owner or
Taxpayer overpaid real property taxes in the amounts listed:
Property Owner
or
Taxpayer
Siskiyou Design, Inc.
WHEREAS,
pursuant
Tax Account Number
Amount
R335966
to ORS 311. 806( 1)( d),
10, 133. 85
the Board of County Commissioners of
Josephine County shall refund taxes on real property collected by the Josephine County Tax
Collector pursuant to a levy of the Assessor whenever a change in the value of the property is
made under ORS 309. 115 upon resolution of an appeal,
NOW, THEREFORE, IT IS HEREBY ORDERED, that, pursuant to ORS 311. 806( 1)( d),
Josephine County shall refund property taxes to the following Property Owners or Taxpayers as
follows:
Siskiyou Design, Inc. in the amount of$ 10, 133. 85.
IT IS FURTHER ORDERED that the Josephine County Clerk provide a certified copy of this
Order to the Josephine County Tax Collector, to make necessary correcting entries in the records of
the office of the Tax Collector.
Done
and
dated this
25th
day of January, 2012.
JOSEPHINE COUNTY
BOARD OF COUNTY COMMISSIONERS
Simon G. Hare, Chair
Don Reedy, Vice- Chair
Commissioner
Order No. 2012- 006- 0
Property:
R335966
***
Josephine
Treasurer Office Account
County
Summary ***
Printed
Owner
Address:
DESIGN
SISKIYOU
110
SW BOOTH
PASS,
GRANTS
Situs
110
INC ( 41621)
Property:
ST
OMIT
OR
R335966
page
1 of 1
01/ 13/ 12
09: 38am
at:
01
36- 05- 18- AC- 008100- 40
TAX
97526- 2410
Address:
SW
GRANTS
BOOTH
ST
PASS,
OR
97526
INTEREST AND DISCOUNTS
BASED
ON A
PAYMENT DATE ON OR BEFORE
01/ 18/ 2012
Fees, Bills & Refunds ***
ID#
Bill
ID
Levied
Tax
Tax
21, 371 . 70
23, 482 . 57
21, 371 . 70
1998 . 15439
0
0
0
21, 987 . 59
21, 327 . 96
4.
1999. 25557
0
29, 177. 70
5.
2000. 25682
0
6.
2001 . 25772
0
27, 695. 89
33, 502 . 62
28, 302 . 37
26, 865 . 01
32, 497. 54
7.
8.
2002 . 25883
2003 . 25941
0
0
9.
2004. 26026
10.
11.
2005.
2006 .
2007.
2008 .
2009.
2010.
0
1
1
0
0
0
1
1.
1996 . 53079
2.
1997.
3.
12 .
13 .
14.
15.
ID#
15436
25925
15687
15762
16206
16160
16118
Bill
16 .
Current
34, 473 . 45
30,
29,
26,
24,
24,
22,
22,
22,
ID
Nov
Taxes
15
2/ 3
Feb
15
3/ 3
May
15
1/ 3
457 . 32
149. 95
240. 73
839. 00
964 . 90
635. 21
688 . 42
776 . 70
22, 778 . 09
33, 439. 25
30, 457 . 32
29,
26,
24,
24,
22,
22,
13,
018 . 57
Paid:
ID
17.
2011 . 1545
659
< 875
<
830
< 1, 005
< 1, 034
<
.
.
.
.
63>
33>
88>
08>
. 20>
83
95
21
42
<
<
745 . 17>
40
<
683 . 30>
Paid
Paid
01/
01/ 97
22, 778 . 09
21, 327. 96
28, 302 . 37
26, 865 . 01
12/
15/
16/
15/
14/
14/
13/
11/
09/
12/
15/
13/
14/
13/
15/
33 , 439. 25
30, 457 . 32
29, 279. 51
26, 240. 73
24, 093 . 83
24, 215 . 95
22, 635. 21
748 . 95>
Date
21, 371. 70
32, 497. 54
129. 56
<
12, 367 . 64
37, 884 . 04 < 1,
Refunds Due on this
Refund
704 . 48>
<
149 . 95
240 . 73
093 .
215.
635 .
688 .
22, 093 .
Amount
22, 688 . 42
22, 093 . 40
11/
11/
11/
11/
11/
05/
06/
05/
11/
11/
05/
05/
11/
97
98
99
00
01
02
04
05
06
06
07
09
10
10
Date Paid
Amount Paid
Tax Paid
Interest
Levied Tax
Levied tax of 39, 055 . 71
for bill 2011 . 16102,
Modify 1,
11/ 15/ 11
13, 018 . 57
13, 018 . 57
13 , 018 . 57
11/ 15/ 11
12, 497 . 83
520. 74>
12, 497. 83
<
13, 018 . 57
Total
ID#
Interest
Paid
Payee
SISKIYOU
No
DESIGN
taxes
Property Record
Ref
Name
are
INC
due
on
12, 367. 64
37, 884 . 04
650 . 93>
171 . 67>
***
Code
Overage
JV
9, 838 . 69
this
property
11/ 15/ 11
***
Int
Refund Due
295. 16
10, 133 . 85
Ref
BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY
STATE OF OREGON
In the Matter of the Re- Adoption of the
Josephine
County
Investment
Policy
Order No. 2012- 007
Replaces Order No. 2010- 093- 0)
WHEREAS, on May 9, 2007, the Board of Commissioners adopted the Josephine County
Investment Policy by Order 2007-030- 0, and re- adopted it, unchanged, by Order 2008- 008-0.
WHEREAS, on February 11, 2009, the Board of Commissioners re- adopted the Josephine
County Investment Policy by Order 2009- 03- 0, with changes to Sections VIII, X, XI, XIII, and
Addendum A of the Investment policy, and
WHEREAS, on July 30, 2010, the Board of Commissioners re- adopted, unchanged, the
Josephine County Investment Policy by Order 2010- 093- 0, and
WHEREAS, the Josephine County Treasurer previously submitted the Josephine County
Investment Policy to the Oregon Short Term Fund Board for review at their official meeting on March
13, 2007; and
WHEREAS, the 2009 changes and the subsequent changes in 2012 do not require a review
by the Oregon Short Term Fund Board, and
WHEREAS, Section VIII of the Josephine County Investment Policy requires annual readoption of the investment policy, even if there are no changes, and
IT IS HEREBY ORDERED that the Josephine County Board of Commissioners hereby
approves and re- adopts the Josephine County Investment Policy, attached hereto as Exhibit A.
DONE
and
DATED this
25th
day of January, 2012
JOSEPHINE COUNTY
BOARD OF COMMISSIONERS
Simon G. Hare, Chair
Don Reedy, Vice- Chair
Commissioner
Order No. 2012- 007- 0
Josephine
County
Investment Policy
Re-adopted January 25, 2012)
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EXHIBIT A—January
25, 2012
Prepared by John Harelson, Treasurer
S:\
Treasury\ ALL\ Investment Policy\ Josephine
Investment
Policy
2012. doc
Josephine County Investment Policy
Table of Contents
I.
Objectives
II.
Scope
III.
Standards of Care
IV.
Safekeeping and Custody
V.
Accounting Method
VI.
Internal Controls
VII.
Reporting Requirements
VIII.
Investment Policy Adoption
IX.
Qualified Financial Institutions
X.
Suitable and Authorized Investments
XI.
Portfolio Diversification
XII.
Bids and Offers
XIII. Collateralization
XIV. Performance Indicators
XVI. Additional Documents
Re- adopted
January
25, 2012
Page 2
Josephine County Investment Policy
Objectives:
I.
The primary objectives of investment activities shall be safety, liquidity, and yield.
1.
Safety: Safety of principal is the foremost objective of the investment program. Investments
shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall
portfolio. The objective will be to mitigate credit risk and interest rate risk.
a.
Credit Risk: Josephine County will minimize credit risk, the risk of loss due to the financial
failure of the security issuer or backer, by:
Limiting exposure to poor credits and concentrating the investments in the safest types of
securities.
Pre- qualifying the financial institutions, broker/ dealers, intermediaries, and advisors with
which Josephine County will do business.
Diversifying the investment portfolio so that potential losses on individual securities will
be minimized.
Actively monitoring the investment portfolio holdings for ratings changes, changing
economic/ market conditions, etc.
b.
Interest Rate Risk: Josephine County will minimize the risk that the market value of
securities in the portfolio will fall due to changes in general interest rates, by:
Structuring the investment portfolio so that securities mature to meet cash requirements
for ongoing operations, thereby avoiding the need to sell securities on the open market
prior to maturity.
Investing operating funds primarily in shorter-term securities or short-term investment
pools.
Diversifying the portfolio by maturity dates to mitigate the impact of reinvestment risk,
i. e. "
2.
laddering" the maturity dates.
Liquidity: The investment portfolio shall remain sufficiently liquid to meet all operating
requirements that may be reasonably anticipated. This is accomplished by structuring the
portfolio so that securities mature concurrent with cash needs to meet anticipated demands ( static
liquidity). A reasonable portion of the portfolio should be maintained in the Oregon Short-Term
Fund and collateralized commercial bank interest bearing accounts which offer next-day
liquidity. Furthermore, since all possible cash demands cannot be anticipated, the portfolio
should consist largely of securities with active secondary or resale markets ( dynamic liquidity).
3.
Yield:
The investment portfolio shall be designed with the objective of attaining a market rate of
return throughout budgetary and economic cycles, taking into account the investment risk
constraints and liquidity needs. Return on investment is of secondary importance compared to
the safety and liquidity objectives described above. The majority of the portfolio is limited to
highly rated/low risk securities in anticipation of earning a fair return relative to the risk being
assumed. Securities are generally held to maturity unless declining credit or liquidity needs
warrant a pre- maturity sale.
Re- adopted
January
25, 2012
Page 3
Josephine County Investment Policy, continued
Scope:
II.
This policy applies to the investment of both short-term operating funds and long-term capital funds
including bond proceeds and bond reserve funds. Funds held by trustees, and fiscal agents are excluded
from these rules, however, all funds, including component unit funds, are subject to applicable statutes
and regulations established by the State of Oregon and the federal government.
Investments of employees' retirement funds, deferred compensation plans, and other
funds are not covered by this policy.
Funds include but are not limited to:
General Funds
Special District Funds
Special Revenue Funds
Debt Service Funds
Internal Service Funds
Unsegregated Tax Funds
Capital Projects Funds
Trust&
Agency Funds
Taxing Districts
Enterprise Funds
A General Purpose Investment Portfolio will be the primary pool in which investments will be made.
This portfolio may have a range of funds from a low of$32 million to a high of$80 million. Other
special purpose investment pools may be established to conform to legal restrictions ( e. g. bond
covenants) or
to
recognize
the longer term nature of
some
funds ( e. g.
capital projects).
Interest
earned on the general purpose portfolio will be allocated prorata to the participants in the pool based
upon average daily balance.
III.
1.
Standards of Care:
Prudence: The standard of prudence to be used by investment officials shall be the "prudent
person" standard and shall be applied in the context of managing an overall portfolio.
Investments shall be made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the management of their own affairs,
not for speculation, but for investment, considering the probable safety of their capital as well as
the probable income to be derived.
Investment officers acting in accordance with written procedures and this investment
policy and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided deviations from
expectations are reported in a timely fashion and the liquidity and the sale of securities
are carried out in accordance with the terms of this policy.
2.
Ethics
and
Conflicts
of
Interest: Officers and employees involved in the investment process
shall refrain from personal business activity that could conflict with the proper execution and
management of the investment program, or that could impair their ability to make impartial
decisions. Employees and investment officials shall disclose any material interests in financial
institutions with which they conduct business. They shall further disclose any personal
financial/ investment positions that could be related to the performance of the investment
portfolio. Employees, officers and their families shall refrain from undertaking personal
investment transactions with the same individual with which business is conducted on behalf of
Josephine
County. Officers and employees shall, at all times, comply with the State of Oregon
code of Government Ethics as set forth in ORS 244.
3.
Delegation
of
Authority: Authority to manage the investment program is granted to the
publicly elected County Treasurer, hereinafter referred to as investment officer, and derived from
Re- adopted
January
25, 2012
Page 4
Josephine County Investment Policy, continued
the following: ORS 294. 035 to 294. 053, 294. 125 to 294. 145, and 294. 810. The investment
officer shall be responsible for all transactions undertaken and shall establish a system of
controls to regulate the activities of subordinate officials. No person may engage in an
investment transaction without approval of the investment officer.
IV.
Safekeeping and Custody, Delivery versus Payment:
All investments eligible for delivery purchased pursuant to this investment policy will be delivered
versus payment by either book entry or physical delivery to a third party custodian. The custodian shall
issue a safekeeping receipt to Josephine County listing the specific instrument, selling broker/dealer,
issuer, coupon, maturity, CUSIP number, purchase or sale price, transaction date, and other pertinent
information.
V.
Accounting Method:
1.
Accounting Standards:
Josephine County, Department of the Treasurer, shall comply with required legal
provisions and
Generally
Accepted
Accounting
Principles ( GAAP).
The accounting
principles are those contained in the pronouncements of authoritative bodies including,
but not necessarily limited to, the American Institute of Certified Public Accountants
AICPA); the Financial Accounting Standards Board ( FASB); and the Government
Accounting Standards Board ( GASB).
2.
Investment Return:
Investment returns are calculated as total return, including interest earned, premiums,
discounts and appreciation or depreciation of investment values. Investment return for
purposes of benchmarking against performance indicators will be compared on a total
portfolio basis.
3.
Investment Costs:
Investments will be carried at par. Losses on the sale of investments will be recognized at
time of sale. Premiums or discounts on securities will be amortized or accreted over the
life of the securities.
4.
Investment Fee:
Where
allowable, an
investment fee
of. 25%
( 1/ 4%)
of portfolio par value may be
deducted from interest earned and credited to the County General Fund each month. After
deducting the investment fee, interest earnings will be credited as of the last day of each
month to the funds from which the investment was made based on the average daily
balance in the fund.
VI.
Internal Controls:
The Treasurer is responsible for establishing and maintaining an adequate internal control structure
designed to reasonably protect the assets of Josephine County from loss, theft or misuse. The concept of
reasonable assurance recognizes that ( 1) the cost of a control should not exceed the benefits likely to be
derived and ( 2) the valuations of costs and benefits require estimates and judgments by management.
Accordingly, the Treasurer shall establish a process for an annual independent review by an external
auditor to assure compliance with policies and procedures. This audit will generally coincide with the
annual external financial audit. The internal controls shall address the following points:
1.
Control of collusion.
2.
Separation of transaction authority from accounting and record keeping.
Re- adopted
January
25, 2012
Page 5
Josephine County Investment Policy, continued
3.
Custodial safekeeping.
Avoidance of physical delivery of securities whenever possible and address control requirements
for physical delivery where necessary.
5. Clear delegation of authority to subordinate staff members.
6. Written confirmation of transactions for investments and wire transfers.
7. Development of a wire transfer agreement with the lead bank and third party custodian and
implementation of the appropriate safeguards described in the GFOA Recommended Practice on
Electronic Transactions for State and Local Governments".
4.
8.
Compliance and oversight with investment parameters including diversification and maximum
maturity.
VII.
1.
Reporting Requirements:
Reports to Governing Body:
a.
Monthly Report: The Josephine County Treasurer will provide a monthly report to the
County Commissioners
day thereafter:
on or
before the
10th of the succeeding month or the first business
Fulfilling the requirements of ORS 208. 090 reporting:
o
The amount of cash on hand in the custody of the county treasurer;
o
The banks in which such funds are deposited, with the amounts so deposited in each;
o
The security furnished the county by each bank to cover such deposits ( i.e. collateral
certificate amount), and
o
The interest rates paid on such deposits.
Reporting on Investments, including:
b.
o
Purchase Date
o
Maturity Date
o
Book Value
o
Rate of Return
o
Coupon Rate
o
Collateral, if required
Quarterly Report: The Josephine County Treasurer will provide an additional quarterly report
to the County Commissioners on or before the last day of the succeeding month, including:
o
Portfolio information included in the monthly report expanded to include market
valuation("
o
o
o
mark-to- market"),
Statement of compliance with this Investment Policy,
Performance of the portfolio relative to benchmark( s),
Percentage of the total portfolio that each type of investment represents along with
the percentages authorized in this policy,
o
Average weighted yield to maturity of portfolio on investments as compared to
applicable benchmarks,
o
A listing of fund cash balances under the control of the Treasurer and transactions
therein, and
o
c.
Any narrative necessary for adequate clarification.
Bi-Annual Reporting: In January and July of each year the Treasurer will report to the Board
of
County
Commissioners in
accordance with
ORS 294. 085. In addition to the information
included in the written Quarterly Report, the Treasurer shall review the Quarterly Report
with Board of County Commissioners in a regularly scheduled meeting.
Re- adopted
January
25, 2012
Page 6
Josephine County Investment Policy, continued
2.
VIII.
Management Reports: The investment officer shall maintain up-to- date records of portfolio
activity providing reports which are timely and available daily. A monthly report of investment
activity is generated for management reporting purposes and as a permanent record.
Investment Policy Adoption:
This Investment Policy will be formally adopted by the Josephine County Board of Commissioners, and
will be re- adopted annually even if there are no changes.
IX.
Qualified Financial Institutions:
The Treasurer will maintain a list of all authorized Broker/Dealers and Financial Institutions
authorized to provide investment services. To qualify for the list they must be an approved security
Broker/Dealer, selected by credit worthiness, that is authorized to provide investment services in the
State of Oregon.
These may include " primary" dealers or regional dealers that qualify under Securities &
Exchange Commission Rule 15C3- 1 (
uniform net capital rule).
No public deposits shall
be made except in a qualified public depository as established by the State of Oregon.
All financial institutions and broker/dealers who desire to become qualified bidders for
investment transactions must supply the Treasurer with the following information:
o
Audited financial statement
o
Proof of National Association of Security Dealers certification
o
Proof of state registration
o
Completed Broker/Dealer Questionnaire
o
Certification of having read and understood the Josephine County Investment Policy
Certification of agreement to comply with Josephine County' s Investment Policy
o
After due consideration and approval, the firm will be added to the list. The Treasurer
will conduct an annual review of the financial condition and registration requirements of
qualified Broker/Dealers. Preferably, firms shall have a local office and Registered
Representative in Oregon. However, the County will not exclude Broker/Dealers located
outside the state as long as they are licensed in Oregon and meet all other qualifications.
An updated Broker/Dealer Questionnaire will be mailed to each firm annually, and
should be completed and returned to the Treasurer' s office. Failure to complete the
update questionnaire may lead to removal from the approved list.
Additions or deletions to the list will be made at the Treasurer's discretion.
Suitable and Authorized Investments
X.
The following investments will be permitted by this policy, ORS 294. 035 and 294. 810:
1.
2.
U. S. Treasury Obligation ( bills, notes and bonds)
U.S. Government Agency Securities and Instruments of Government Sponsored Enterprises
3.
Banker' s Acceptances ( BA' s) from qualified institutions
4.
State of Oregon Investment Pool
5.
Certificates of Deposits ( CD' s) and interest bearing accounts
Subject to ORS 295 collateralization)
6.
Repurchase Agreements
7.
State and Local Government Securities
Reverse Repurchase Agreements and Securities Lending Agreements are not allowed under this policy.
Re- adopted
January
25, 2012
Page 7
Josephine County Investment Policy, continued
Portfolio Diversification
XI.
Diversification will be sought within the following guidelines with the purpose of reduction of overall
portfolio risk while attaining market average rates of return. The investments shall be diversified by
investment type, issuer and maturity. Before any transaction is concluded, to the extent practicable, the
Treasurer shall solicit and document competitive bids and offers on comparable securities. When not
practicable, the reasons should be similarly documented. Additionally, if reasonably unanticipated
events cause the portfolio limits to be exceeded, the Treasurer will take steps necessary to correct the
situation as soon as practicable. The Treasurer will document the occurrence and advise the Josephine
County Board of Commissioners in the next monthly and quarterly investment report.
Diversification by Type and Issuer:
1.
Limitation of Total Portfolio
Security
US
Up to 100%
Treasury
US Government Agencies and
Government Sponsored Enterprises
Up
to 75% and
Up
to 100%
25%
in any single Agency or GSE
GSE)
State
of
Oregon Investment Pool
Certificates
Interest
of
Deposit
Bearing
and other
Accounts.
s
Acceptances
to 50% and 25%
in any single qualified
financial institution collateralized as required by
Up
ORS Chapter 295
Up
Banker'
or to the maximum imposed by ORS
294. 810
to 25%
and
10%, on the settlement date, in
bankers acceptances of any qualified financial
institution
State
and
Local Government
Securities
Repurchase Agreements
Up
to 25% of total portfolio
Up to 25% and 10% in any single qualified
financial institution collateralized as required by
ORS Chapter 294.035
2.
Diversification by Maturity:
Maturity limitations shall depend upon whether the funds being invested are considered short term or
long term funds. All funds shall be considered short term except those reserved for capital projects
i.e., bond sale proceeds) and special assessment repayments being held for debt retirement.
a.
Short Term Portfolio ( maturity up to 3 years):
Investment maturity for operating funds shall be scheduled to coincide with projected
cash flow needs and timed to comply with the following guidelines:
o
Maturity will be laddered to provide for interest rate fluctuations and to minimize
investment interest rate risk. Careful monitoring of interest rate fluctuation will
provide a basis for evaluating risk and return.
Re- adopted
January
25, 2012
Page 8
Josephine County Investment Policy, continued
Due to fluctuations in the aggregate surplus funds balance, maximum percentages for
o
a particular issuer, investment type or maturity may be exceeded at a point in time
subsequent to the purchase of a particular security. Securities need not be liquidated
to realign the portfolio; however, consideration should be given to this matter when
future liquidations are made.
1 to 30
day
maturity
Minimum
of
10% of total portfolio
1 to 90
day
maturity
Minimum
of
25% of total portfolio
1 to 365
b.
day
No limit
maturity
12
months
to 18
month
18
months
to 36
months
maturity
Maximum
of
25% of total portfolio
Maximum
of
25% of total portfolio
Long Term Portfolio (Capital Projects and Special Assessment Repayments) maturities
over 36 months and up to a maximum of 60 months:
Maturity scheduling shall be timed according to anticipated need. For example,
investment of capital project funds shall be timed to meet projected contractor payments.
Investment of prepaid assessment funds shall be tied to bond payment dates, after cash
flow projections are made using a forecasting model which considers prepayment rate,
delinquency rate, interest on bonds, and income on investments.
The investments of bond proceeds are restricted under bond covenants that may be more
restrictive than the investment parameters included in this policy. Bond proceeds shall be
invested in accordance with the most restrictive parameters of this policy and the
applicable bond covenants and tax laws.
Investments in the long term portfolio will be limited to U. S. Treasury Securities or
securities of U. S. Government Agencies and Instrumentalities.
This investment policy has been submitted for review by the OSTF Board as specified
above and in accordance with ORS 294. 135( 1)( a), debt service reserves may be invested
to a maturity date not exceeding five years. Otherwise debt service reserves shall not be
invested to a maturity date exceeding one year.
Re- adopted
January
25, 2012
Page 9
Josephine County Investment Policy, continued
XII.
Bids and Offers
Before any security purchase or sale is initiated, the Investment Officer shall first determine the
appropriateness of seeking competitive bids or offers. Such factors to consider include where the
securities are held, the size of the transaction, and the term to maturity. In the event competitive bids or
offers are not sought, the decision to do so shall be documented. When required by tax laws or bond
covenants competitive bids and offers shall always be sought for security purchases and sales of bond
funds.
XIII. Collateralization:
All bank deposits shall be held in qualified Oregon depositories in accordance with ORS Chapter 295.
Such deposits are designated cash management tools and not investments under this policy unless
otherwise designated as such.
Certificates of Deposit and Interest Bearing Bank Accounts opened for investment
purposes are considered investments under this policy, and are collateralized by the
Public Funds Collateralization Program as governed ORS Chapter 295.
ORS 294. 035 ( k) requires repurchase agreement collateral to be limited in maturity to
three years and priced according to percentages prescribed by written policy of the
Oregon Investment Council or the Oregon Short-Term Fund Board. On March 12, 1996,
the OSTF Board adopted the following margins:
o
US Treasury Securities: 102%
o
US Agency Discount and Coupon Securities: 102%
o
Mortgage Backed and other: 103%*
Limited to those securities described in ORS 294. 035
A signed Master Repurchase Agreement must be in place prior to execution of any
repurchase agreement trade.
XIV.
Performance Indicators:
The performance of the County' s portfolio shall be measured against the performance of the Oregon
Local Government Investment Pool and the 90- day Treasury bill rate.
It is the goal of the County to maintain an annualized yield that is not more than '/2
percent (.
5%)
lower than the Oregon Local Government Investment Pool and is not less
higher than the 90 day Treasury Bill yield. The County may also
benchmark against any other money market indices it deems appropriate.
than 1/4
percent (. 25%)
It is anticipated the portfolio should attain a benchmark average rate of return over time.
Factors influencing performance deviations will be described by the investment officer in
quarterly reports to the Josephine County Board of Commissioners.
Re- adopted
January
25, 2012
Page 10
Josephine County Investment Policy, continued
XV.
Additional Documents
The following documents are used in conjunction with this policy, and are available from the Treasurer' s
office upon request:
1.
Listing of authorized personnel
2.
Relevant investment statutes
3.
Master repurchase agreements
4.
Listing of authorized broker/dealers and financial institutions—Addendum A
5.
Safekeeping agreements
6.
Wire transfer agreements
7.
8.
Broker confirmations and safekeeping receipts
Broker/Dealer Questionnaire
9.
Monthly and other investment reports
Re- adopted
January
25, 2012
Page 11
Josephine County Investment Policy, continued
ADDENDUM A
LISTING OF AUTHORIZED BROKER/DEALERS AND FINANCIAL INSTITUTIONS
Brokerage Firms:
Bank of America Merrill Lynch
RBC Damn Rauscher, Inc.
PiperJaffray & Co.
Seattle Northwest Securities Corp.
Wells Fargo Brokerage Services, LLC
Morgan Stanley Smith Barney LLC
Banks:
Bank
of
America, NT & SA
Bank of the Cascades
Evergreen Federal Bank
Home Federal Bank
JPMorgan Chase Bank NA
Key Bank
PremierWest Bank
South
Valley
Trust
Bank&
Sterling Savings Bank
US National Bank of Oregon
Umpqua Bank
Wells Fargo Bank NA
Oregon
Community
Development Banks ($ 95, 000 maximum per bank)
Other:
Oregon Local Government Investment Pool ( LGIP)
Northwest Community Credit Union
Rogue Federal Credit Union
Southern Oregon Federal Credit Union
Re- adopted
January 25,
2012
Page 12
INTERGOVERNMENTAL AGREEMENT #4611
BETWEEN THE STATE OF OREGON AND JOSEPHINE COUNTY
TABLE OF CONTENTS
I
DEFINITIONS
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
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
9
NOTICE
XIX MERGER; INTEGRATION
10
EXHIBIT A COUNTY INTERVENTION PLAN
and
BUDGET SUMMARY
12
EXHIBIT B INDEMNIFICATION
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This Agreement is between the State of Oregon acting by and through its Department of
Corrections, hereafter called DEPARTMENT, and Josephine 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 drugaddicted 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, terms and
conditions hereinafter provided, agree to the following:
DEFINITIONS
A.
Amendment: Any change to this Agreement that alters the terms 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
E.
in ORS 423. 478( 2)(
a)-(
f).
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
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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:
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
A response to Participant compliance of conditions of the Plan.
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 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.
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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.
D.
Plan Modifications shall become effective upon the date the Plan Modification is
approved in writing by the DEPARTMENT.
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.
An Amendment shall become effective only after all parties have signed and all approvals
have been obtained.
V
DUTIES AND RESPONSIBILITIES 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 will be
addressed in treatment.
5.
Treatment program design shall address issues of motivation. Treatment
options shall be available for Participants consistent with their assessed
stage of change.
6.
Treatment shall be based on cognitive and behavioral interventions and
social learning approaches. Treatment programs shall be of sufficient length
and intensity to produce stable behavior changes based on replacing old
patterns of thinking and behaving and learning 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.
10.
Co- ed treatment shall be avoided if possible.
Programs shall include relapse prevention planning and comprehensive
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
provide addictions treatment.
C.
COUNTY shall incorporate the following data requirements:
1.
COUNTY will identify Participants through the indicating `Y' under the M57 Tx
data field, located in the Treatment Module.
2.
The start and stop date of the actual program participation, as well as
program exit code, will be entered into the CIS Treatment Module
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
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 CIS
in a complete, accurate, and timely manner. COUNTY acknowledges and agrees
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.
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
COUNTY.
F.
COUNTY will follow DEPARTMENT' s prescribed allotment and expenditure
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.
G.
If funding from DEPARTMENT is reduced or discontinued by legislative action,
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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.
functioning: Improved
community functioning will be measured by successful completion of the program
and through the existing community corrections performance measures ( successful
Participants
show evidence of
improved community
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.
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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.
D.
Both parties agree that all reallocations of funds within programs shall require a Plan
Modification, in accordance with Section III of this Agreement.
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- going
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.
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 VIII. E, will be deducted by DEPARTMENT from payment or
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
Supplemental Funds. Unless amended, the maximum, not-to- exceed County
Corrections Intervention Grant payable to COUNTY under this Agreement is
127, 102. The maximum grant amount may be increased only by written
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, or other expenditure
authority sufficient to allow DEPARTMENT, in the exercise of its reasonable
administrative discretion, to make the disbursement.
IX
NONCOMPLIANCE
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 with the Agreement or Plan,
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.
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.
XII
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.
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
the generality of the foregoing, the parties expressly agree to comply with: ( i) Title VI
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
limiting
of
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. 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.
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, 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 of( 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.
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Copies of applicable records shall be made available upon request. DEPARTMENT shall
reimburse COUNTY for the cost of copies DEPARTMENT requests.
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
NOTICE
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(a doc.state. or.us
To COUNTY:
Abe Huntley, Director
Josephine County Community Corrections
510 NW 4th Street
Grants Pass, OR 97526
Telephone: 541- 474- 5165
Fax: 541- 474- 5171
E- mail: ahuntley @co.josephine. or.us
The Parties may change the persons named in this section by notice to the other Parties as
provided
XIX
herein.
No amendment to this Agreement is required to make such change.
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
JOSEPHINE COUNTY APPROVALS
Ginger Martin, Assistant Director
Signature
Date
Title
Reviewed by the
Attorney
Oregon
General' s Office:
Date
Signature
Keith Kutler, Assistant Attorney General
Title
Date
Signature
Title
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Exhibit A - Treatment Services Budget 2011- 13
M- 57 Funds
M- 57 Funds
Other State
County/ Local
2011- 12
2011- 13
Funds
Funds
Program Expense
A. Personnel Costs
1. 2 FTE
3 FTE
1. 5 FTE
1. 2 FTE
Total
3. 0 FTE
Salaries and Wages
A& D Counselor( 2. 0 FTE)
Treatment Services Supervisor(
Payroll Taxes
and
39, 416
1. 0 FTE)
Benefits
B. Materials and Services
$
39, 416
29, 108
29, 108
34, 092
34, 092
k
I $
I
-_
94, 585
$
1
69, 849
81, 809
20, 530 -
$
17, 757
;
193, 948
143, 226
15, 161
1
167, 751
1
Office Supplies
Operating Supplies
Drug Testing Service
201
201
3, 026
3, 026
I
I
483
105
990
7, 262
1, 576
14, 890
1
1, 829
1, 829
953
9, 000
Travel
610
610
1, 463
318
3, 000
Education & Training
Emergency Food & Shelter/ Barrier Removal
203
203
488
106
1, 000
2, 800
2, 800
I
Operation, Repair, Maint
Motorpool
Printing &
Duplication
Insurance
Administration ( County Overhead)
244
585
127
1, 200
5, 081
5, 081
12, 192
2, 646
25, 000
406
406
610
610
366
366
11, 178
11, 178
244
Communications
Building
4, 389
T
-
i
975
'
212
2, 000
1, 463
'
318
3, 000
I
878
'
I -
26, 823
$
1, 756
I
305, 000 1 $
'
1, 800
191
5, 822
l
55, 000
C. Contract Services and Professional Services
Professional Service ( Clinical S upervision)
731
732
127, 103
$
127, 102
381
69, 000
3, 600
$
628, 205
EXHIBIT B
INDEMNIFICATION
JOSEPHINE COUNTY
Contribution
If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or
Party Claim") against a party( the " Notified Party") with
respect to which the other party(" Other Party") may have liability, the Notified Party must promptly
notify the Other Party in writing of the Third Party Claim and deliver to the Other Party a copy of the
claim, process, and all legal pleadings with respect to the Third Party Claim. Either party is entitled
to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel
of its own choosing. Receipt by the Other Party of the notice and copies required in this paragraph
and meaningful opportunity for the Other Party to participate in the investigation, defense and
settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to the
Other Party' s liability with respect to the Third Party Claim.
hereafter defined in ORS 30. 260 (" Third
With respect to a Third Party Claim for which the State is jointly liable with the County (or would be
if joined in the Third Party Claim ), the State shall contribute to the amount of expenses ( including
attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred
and paid or payable by the County in such proportion as is appropriate to reflect the relative fault of
the State on the one hand and of the County on the other hand in connection with the events which
resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of the State on the one hand and of the County on the
other hand shall be determined by reference to, among other things, the parties' relative intent,
knowledge, access to information and opportunity to correct or prevent the circumstances resulting
in such expenses, judgments, fines or settlement amounts. The State' s contribution amount in any
instance is capped to the same extent it would have been capped under Oregon law if the State
had sole liability in the proceeding.
With respect to a Third Party Claim for which the County is jointly liable with the State ( or would be
if joined in the Third Party Claim), the County shall contribute to the amount of expenses ( including
attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred
and paid or payable by the State in such proportion as is appropriate to reflect the relative fault of
the County on the one hand and of the State on the other hand in connection with the events which
resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of the County on the one hand and of the State on the
other hand shall be determined by reference to, among other things, the parties' relative intent,
knowledge, access to information and opportunity to correct or prevent the circumstances resulting
in such expenses, judgments, fines or settlement amounts. The County' s contribution amount in
any instance is capped to the same extent it would have been capped under Oregon law if it had
sole liability in the proceeding.
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 attorneys' fees) arising from a
tort (as now or hereafter defined in ORS 30. 260) caused, or alleged to be caused, in whole or in
part, by the negligent or willful acts or omissions of County' s 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, except 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:
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"
TAIL" COVERAGE.
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
maintain " tail" coverage and if the maximum time period " tail" coverage reasonably available in the
IGA# 4611, Josephine
County
Reviewed
by:
VM Contracts Unit 11/ 16/ 11
Page 14
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marketplace is less than the 24- month period described above, then the contractor may request
and Agency may grant approval of the maximum " tail " coverage period reasonably available in the
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.
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# 4611, Josephine
County
Reviewed
by: VM Contracts
Unit 11/ 16/ 11
Page 15
of
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Josephine
County,
Oregon
Board of Commissioners: Simon G. Hare. Don Reed)
Building
Operations & Maintenance
Ryan Johnson, Manager
705 NW Dimmick/ Grants Pass, OR 97526
COLINfir
JOSEPHINE
541) 474- 5464/ FAX ( 541) 474- 5389
OREGON
TDD# ( 800) 735- 2900
To: Board of County Commissioners
Rosemary Padgett, Chief Financial Officer
From: Ryan Johnson, Building Operations Manager
Subject: Juvenile Visiting Window
Juvenile Justice Detention has had problems in their visiting area with items being passed
between the parent and the minor. They have asked Building Operations to have a visiting
window installed. We have finished receiving quotes. I am requesting the installation of the
window be paid for out of the property reserve fund. With a not to exceed amount of$ 6000. 00
dollars.
Sincerely,
Ryan Johnson
BUILDINGS
Josephine
County is
an
Affirmative Action
COMMUNICATIONS
Equal OpportunitN Employer
PROPERTY
and complies with
Section 504
of
the Rehabilitation Act
of
1973"
Josephine
County,
Oregon
Board of Commissioners: Simon G. Hare. Don Reedy
Building
Operations & Maintenance
Ryan Johnson, Manager
705 NW Dimmick/ Grants Pass, OR 97526
541) 474- 5464/ FAX ( 541) 474- 5389
JOSEPHINE COUNTY, OREGON
TDD# ( 800) 735- 2900
To: Board of County Commissioners
Rosemary Padgett, Chief Financial Officer
From: Ryan Johnson, Building Operations Manager
Subject: Jail Exercise Yard
Currently the 800 exercise yard has a problem with water pooling by the door to the hallway. In
heavy rain this water with run under the door and cause a slip hazard in the hallway. Since the
jail was built in 2000 this has been an issue that has been addressed multiple times with minor
positive results. Building Operation would like to repair this with the installation of drainage
grates at the doorway. We are requesting that the installation of drainage grates be paid for out
of the property reserve with a not to exceed amount of$ 5000 dollars. This will allow for a
more permanent repair.
Sincerely,
Ryan Johnson
BUILDINGS
Josephine County is
an
Affirmative Action/ Equal
COMMUNICATIONS
Opportunity
Employer
PROPERTY
and complies with
Section 504
of
the Rehabilitation Act
of
1977"
County, Oregon
Josephine
Board of Commissioners: Simon G. Hare. Don Reed
Building
Operations & Maintenance
Ryan Johnson, Manager
705 NW Dimmick/ Grants Pass, OR 97526
JOSEPHINE
541) 474- 5464/ FAX ( 541) 474- 5389
OUN T' , OREGON
TDD# ( 800) 735- 2900
To: Board of County Commissioners
Rosemary Padgett, Chief Financial Officer
From: Ryan Johnson, Building Operations Manager
Subject: Carpet Replacement
The carpet in court room 3 is at least 20 years old and is in need of replacement. It has become
a safety issue because of the risk of tripping hazards in several places. We are requesting this be
paid
for
out of
the property
reserve with a not
to
exceed amount of$
6000. 00 dollars.
Sincerely,
Ryan Johnson
BUILDINGS
Josephine
County
is an
Affirmative Action'
Equal
COMMUNICATIONS
Opportunity
Employer
PROPERTY
and complies with
Section 504
of
the Rehabilitation Act of 1971"